UOI and Ors. Vs Ashu and Ors. — Delhi HC (2025) — LawSathi Research

UOI and Ors. Vs Ashu and Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitions not pressed and disposed of; implementation of the impugned Tribunal order recorded as subject to the outcome of Civil Appeal 16354/2019 pending in the Supreme Court; respondents' rights to challenge any consequential action reserved.

Issue for consideration

Whether interference was warranted with the impugned Tribunal judgment, given the petitioners' continued renewal of the respondents' contracts for five years at a time and the pendency of Civil Appeal 16354/2019 before the Supreme Court.

Court's answer

The Court upheld the impugned order of the Tribunal while recording the petitioners' statement that renewal of the respondents' contracts would continue to be for five years at a time.

Ratio / Principle

The respondents' right to challenge, in accordance with law, any action taken by the petitioners consequent to the disposal of Civil Appeal 16354/2019 remains reserved.

Key takeaways

With the aforesaid observations, the writ petitions are disposed of.ratio¶65

Detailed headnote1 paragraphs

Oral order of the High Court of Delhi (C. Hari Shankar and Ajay Digpaul, JJ.) dated 23 January 2025 disposing of W.P.(C) 9038/2014 and eight connected writ petitions by which the Union of India had challenged a judgment of the Tribunal. Counsel for the petitioners stated that, in view of the impugned Tribunal judgment, the respondents' contracts were being renewed for five years at a time and would continue to be so, subject to the outcome of Civil Appeal 16354/2019 pending in the Supreme Court against the Kerala High Court's judgment dated 1 August 2018 in OP (CAT) 4350/2013 (UOI v Ajeesh A.). The petitions were not pressed. The Court upheld the impugned order, recorded the statement, clarified that if the respondents are aggrieved by any action taken consequent to the disposal of the civil appeal their right to challenge it in accordance with law remains reserved, and disposed of the writ petitions. No statutory provisions were construed; no costs or quantum awarded.

$~91 to 99

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 9038/2014

UNION OF INDIA & ORS .....Petitioners Through: Mr. Amit Anand and Mr. S. Bansal, Advs.

versus

PARTHA P. CHATTARAJ & ORS .....Respondents Through: Mr. M.K. Bhardwaj, Ms. Priyanka M. Bhardwaj, Mr. Maria Mugesh Kannan and Mr. Himanshu Bhardwaj, Advs.

+ W.P.(C) 10246/2015

UNION OF INDIA & ORS .....Petitioners Through: Mr. Amit Anand and Mr. S. Bansal, Advs.

versus

PRADEEEP KUMAR & ORS. .....Respondents Through: Mr. M.K. Bhardwaj, Ms. Priyanka M. Bhardwaj, Mr. Maria Mugesh Kannan and Mr. Himanshu Bhardwaj, Advs.

W.P.(C) 10247/2015

UNION OF INDIA & ORS. .....Petitioners Through: Mr. Amit Anand and Mr. S. Bansal, Advs.

versus

JIGNESH JAYENDRA MODI & ORS. .....Respondents Through: Mr. M.K. Bhardwaj, Ms.

Signature Not Verified

Digitally Signed By:AJITW.P.(C) 9038/2014 and connected matters KUMAR Signing Da te:2 8.01.2025 16:41:37

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Priyanka M. Bhardwaj, Mr. Maria Mugesh Kannan and Mr. Himanshu Bhardwaj, Advs.

- W.P.(C) 10344/2015

UNION OF INDIA & ORS .....Petitioners Through: Mr. Amit Anand and Mr. S. Bansal, Advs.

versus

PRIYANKA DUTTA & ORS .....Respondents Through:

- W.P.(C) 10345/2015

UOI AND ORS .....Petitioners

Through: Mr. Amit Anand and Mr. S. Bansal, Advs.

versus

ASHU AND ORS .....Respondents Through:

- W.P.(C) 10346/2015

UOI AND ORS .....Petitioners

Through: Mr. Amit Anand and Mr. S. Bansal, Advs.

versus

PAYAL ABICHANDANI .....Respondent Through:

- W.P.(C) 10347/2015

Signature Not Verified

Digitally Signed By:AJITW.P.(C) 9038/2014 and connected matters KUMAR Signing Da te:2 8.01.2025 16:41:37

Page 2 of 5

UNION OF INDIA & ORS .....Petitioners

Through: Mr. Amit Anand and Mr. S. Bansal, Advs.

versus

SHALU GUPTA .....Respondent Through: Mr. M.K. Bhardwaj, Ms. Priyanka M. Bhardwaj, Mr. Maria Mugesh Kannan and Mr. Himanshu Bhardwaj, Advs.

- W.P.(C) 10349/2015

UNION OF INDIA & ORS .....Petitioners Through: Mr. Amit Anand and Mr. S. Bansal, Advs.

versus

SHIKHA GUPTA .....Respondent Through:

- W.P.(C) 10356/2015

UOI AND ORS .....Petitioners

Through: Mr. Amit Anand and Mr. S. Bansal, Advs.

versus

CHINMAY GARG AND ORS .....Respondents

Through: Mr. M.K. Bhardwaj, Ms. Priyanka M. Bhardwaj, Mr. Maria Mugesh Kannan and Mr. Himanshu Bhardwaj, Advs.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL

Signature Not Verified

Digitally Signed By:AJITW.P.(C) 9038/2014 and connected matters KUMAR Signing Da te:2 8.01.2025 16:41:37

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%

ORDER (ORAL) 23.01.2025

C. HARI SHANKAR, J.

1. After these matters were heard for some time, Mr. Amit Anand, learned Counsel for the petitioners, submits that the petitioners are, in view of the impugned judgment of the Tribunal, continuing to renew the respondents’ contract for five years at a time and will continue to do so, subject, however, to the outcome of Civil Appeal 16354/2019 pending in the Supreme Court against the judgment dated 1 August 2018 passed by the High Court of Kerala at Ernakulam in OP (CAT) 4350/2013¹ .

2. In that view of the matter, he does not press these petitions but prays that the implementation of the impugned order be made subject to the outcome of the litigation pending before the Supreme Court.

3. We clarify that, therefore, while we are upholding the impugned order, and recording the statement of Mr. Anand that the renewal for the respondents would continue to be five years at the time, if the respondents are aggrieved by any action taken by the petitioners consequent to the disposal of the Civil Appeal 16354/2019 pending before the Supreme Court against a judgment of the High Court of Kerala at Ernakulam, their rights to challenge the said decision in accordance with law shall remain reserved.

1 UOI v Ajeesh A. Signature Not Verified

Digitally Signed By:AJITW.P.(C) 9038/2014 and connected matters KUMAR Signing Da te:2 8.01.2025 16:41:37

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4. With the aforesaid observations, these writ petitions are disposed of.

C. HARI SHANKAR, J.

AJAY DIGPAUL, J.

JANUARY 23, 2025 /aky

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Signature Not Verified Digitally Signed By:AJITW.P.(C) 9038/2014 and connected matters KUMAR Signing Da te:2 8.01.2025 16:41:37

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